74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2176
House Bill 2488
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
Oregon Winegrowers' Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires that person hold wine direct shipper permit to sell
and ship wine or cider directly to individual. Provides that
person receiving wine must be at least 21 years of age and
receive wine for personal use and not for resale. Specifies
persons who may apply for wine direct shipper permit. Establishes
labeling requirements for wine or cider shipped directly to
individual. Provides that person holding wine direct shipper
permit is responsible for paying all privilege taxes on wine or
cider shipped under permit. Establishes fee and bond amount for
permit.
Allows certain nonprofit trade associations with members
holding wholesale licenses to also hold retail licenses as long
as sales under retail license are primarily for purpose of
promoting sale of wines produced by members of association or
containing grapes or other fruit produced by members of
association.
A BILL FOR AN ACT
Relating to alcoholic beverages; creating new provisions;
amending ORS 471.311, 471.396, 471.810, 473.050, 473.060,
473.090, 473.100, 473.150 and 473.170; and repealing ORS
471.229, 473.040 and 473.057.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 471. + }
SECTION 2. { + (1) A person may sell and ship wine or cider
directly to an individual in this state only if the person holds
a wine direct shipper permit.
(2) A person holding a wine direct shipper permit may sell and
ship wine or cider directly to an individual in this state who is
at least 21 years of age for the individual's personal use and
not for resale. A wine direct shipper permit may be issued only
to:
(a) A person that holds a winery license under ORS 471.223 or a
license issued by another state that is the equivalent of a
winery license under ORS 471.223.
(b) A person that holds a grower sales privilege license under
ORS 471.227 or a license issued by another state that is the
equivalent of a grower sales privilege license under ORS 471.227.
(c) A person that holds an off-premises sales license under ORS
471.186 or a license issued by another state that is the
equivalent of an off-premises sales license under ORS 471.186.
(d) A nonprofit trade association that has a membership
primarily comprised of persons described in paragraphs (a) and
(b) of this subsection and that holds a temporary sales license
under ORS 471.190, an off-premise sales license under ORS 471.186
or a license issued by another state that is the equivalent of a
temporary sales license under ORS 471.190 or an off-premises
sales license under ORS 471.186.
(3)(a) In addition to the information required by ORS 471.311,
an applicant for a wine direct shipper permit that holds a
license issued by the Oregon Liquor Control Commission shall
provide the commission with the number of the license held by the
applicant.
(b) In addition to the information required by ORS 471.311, an
applicant for a wine direct shipper permit that holds a license
issued by another state that is the equivalent of a winery
license under ORS 471.223, a grower sales privilege license under
ORS 471.227 or an off-premises sales license under ORS 471.186
shall provide the commission with a copy of the license held by
the applicant and any information required by the commission to
establish that the license held by the applicant is the
equivalent of a winery license under ORS 471.223, a grower sales
privilege license under ORS 471.227 or an off-premises sales
license under ORS 471.186.
(c) In addition to the information required by ORS 471.311, an
applicant for a wine direct shipper permit that is a nonprofit
trade association and that holds a license issued by the
commission shall provide the commission with the number of the
license held by the applicant and any information required by the
commission to establish that the association's membership
consists primarily of persons holding winery licenses under ORS
471.223 or grower sales privilege licenses under ORS 471.227.
(d) In addition to the information required by ORS 471.311, an
applicant for a wine direct shipper permit that is a nonprofit
trade association and that holds a license issued by another
state shall provide the commission with a copy of the license and
any information required by the commission to establish that the
license held by the applicant is the equivalent of a temporary
sales license under ORS 471.190 or an off-premises sales license
under ORS 471.186, and to establish that the association's
membership consists primarily of persons holding licenses issued
by another state that are the equivalent of winery licenses under
ORS 471.223 or grower sales privilege licenses under ORS 471.227.
(4) A person holding a wine direct shipper permit that ships
wine or cider directly to an individual shall label the container
of the wine or cider in a conspicuous manner with the phrase '
CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER
REQUIRED FOR DELIVERY.' The person must ensure that the carrier
delivers the container only if the carrier:
(a) Obtains the signature of the individual who receives the
container;
(b) Verifies through inspecting a government-issued photo
identification that the individual who receives the container is
at least 21 years of age; and
(c) Verifies that the individual who receives the container is
not visibly intoxicated.
(5) A person may not cause the delivery of wine or cider to an
individual if the person knows that the individual will be
intoxicated or under 21 years of age at the time the wine or
cider is delivered.
(6) A person holding a wine direct shipper permit is
responsible for paying all taxes and complying with all reporting
requirements imposed by ORS chapter 473.
(7) A wine direct shipper permit that is held by a person that
holds a license issued by the commission is renewable when the
person renews the license. + }
SECTION 3. ORS 471.311 is amended to read:
471.311. (1) Any person desiring a license or renewal of a
license under this chapter shall make application to the Oregon
Liquor Control Commission upon forms to be furnished by the
commission showing the name and address of the applicant,
location of the place of business that is to be operated under
the license, and such other pertinent information as the
commission may require. No license shall be granted or renewed
until the applicant has complied with the provisions of the
Liquor Control Act, the provisions of the Oregon Distilled Liquor
Control Act and the rules of the commission. { + A person who
applies for issuance or renewal of a license or permit under this
chapter consents to the jurisdiction of the commission and the
courts of this state for the purpose of all matters relating to
the license and for the enforcement of all laws relating to
alcoholic beverages. + }
(2) The commission may reject any application that is not
submitted in the form required by rule. The commission shall give
applicants an opportunity to be heard if an application is
rejected. A hearing under this subsection is not subject to the
requirements for contested case proceedings under ORS chapter
183.
(3) Subject to subsection (4) of this section, the commission
shall assess a nonrefundable fee for processing a renewal
application for any license authorized by this chapter only if
the renewal application is received by the commission less than
20 days before expiration of the license. If the renewal
application is received prior to expiration of the license but
less than 20 days prior to expiration, this fee shall be 25
percent of the annual license fee. If a renewal application is
received by the commission after expiration of the license but no
more than 30 days after expiration, this fee shall be 40 percent
of the annual license fee. This subsection does not apply to a
certificate of approval, a brewery-public house license or any
license that is issued for a period of less than 30 days.
(4) The commission may waive the fee imposed under subsection
(3) of this section if it finds that failure to submit a timely
application was due to unforeseen circumstances or to a delay in
processing the application by the local governing authority that
is no fault of the licensee.
(5) The annual license fee is nonrefundable and shall be paid
by each applicant upon the granting or committing of a license.
Subject to ORS 471.155 and 473.065, the annual license fee and
the minimum bond required of each class of license under this
chapter are as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum
License Fee Bond
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Brewery, including
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Certificate of Ap$r500l1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Winery 250 1,000
Distillery 100 None
Wholesale Malt
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Beverage and Wine 275 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Warehouse 100 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events winery
license may be
issued to a
winery licensee a$ 10 per day
Brewery-Public House,
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
including Certificate
of Approval $ 250 1,000
Limited On-Premises$S200s None
Off-Premises Sales $ 100 None
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Temporary Sales $ 25 for events
lasting five hours
or less and
$25 for each
additional period
of five hours
or less
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Grower sales privilege
license $ 250 1,000
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Special events grower
sales privilege
license $ 10 per day
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(6) The fee for a certificate of approval or special
certificate of approval granted under ORS 471.289 is
nonrefundable and must be paid by each applicant upon the
granting or committing of a certificate of approval or special
certificate of approval. No bond is required for the granting of
a certificate of approval or special certificate of approval.
Certificates of approval are valid for a period commencing on the
date of issuance and ending on December 31 of the fifth calendar
year following the calendar year of issuance. The fee for a
certificate of approval is $175. Special certificates of
approval are valid for a period of 30 days. The fee for a special
certificate of approval is $10.
(7) Except as provided in subsection (8) of this section, the
annual license fee for a full on-premises sales license is $400.
No bond is required for any full on-premises sales license.
(8) The annual license fee for a full on-premises sales license
held by a private club as described in ORS 471.175 (8), or held
by a nonprofit or charitable organization that is registered with
the state, is $200.
{ + (9) The annual fee for a wine direct shipper permit is
$50, and the minimum bond is $1,000. The fee and bond are not
required for any person who holds a winery license under ORS
471.223, a grower sales privilege license under ORS 471.227 or an
off-premises sales license under ORS 471.186. + }
SECTION 4. ORS 471.396 is amended to read:
471.396. (1) The prohibitions of ORS 471.394 (1) do not apply
to persons holding winery licenses, { + wine direct shipper
permits, + } grower sales privilege licenses, brewery-public
house licenses or brewery licenses, to the extent that retail
sales are authorized by the statutes establishing the privileges
of each license.
(2)(a) The prohibitions of ORS 471.394 (2) and (3) do not apply
to a person who wholesales alcoholic liquor and who is not
required to be licensed under the provisions of this chapter if
the retail licensee does not sell any brand of alcoholic liquor
sold or distributed by the person and does not sell any brand of
alcoholic liquor produced by any manufacturer doing business with
the person selling at wholesale.
(b) The prohibitions of ORS 471.394 (2) and (3) do not apply to
a manufacturer of alcoholic liquor if the retail licensee does
not sell any brand of alcoholic liquor sold, distributed or
produced by the manufacturer and does not sell any brand of
alcoholic liquor sold, distributed or produced by any subsidiary
or other business entity that the manufacturer owns or manages,
or that the manufacturer exercises control over.
{ + (c) The prohibitions of ORS 471.394 (2) do not apply to a
nonprofit trade association that has a membership primarily
composed of persons that hold winery licenses under ORS 471.223
or grower sales privilege licenses under ORS 471.227 if the
association makes sales under the retail license primarily for
the purpose of promoting the sale of wines produced by members of
the association or containing grapes or other fruit produced by
members of the association. + }
(3) The prohibitions of ORS 471.394 do not apply solely by
reason of the family relationship of a spouse or family member to
a manufacturer or wholesaler if:
(a) The manufacturer or wholesaler is licensed by the Oregon
Liquor Control Commission to sell alcoholic liquor at wholesale;
(b) The license authorizing sale of alcoholic liquor at
wholesale was first issued before January 1, 1965, and has been
held continuously since that date;
(c) The spouse or family member holds or seeks a license that
authorizes the retail sale of alcoholic liquor for off-premises
consumption only; and
(d) The manufacturer or wholesaler does not directly or
indirectly sell alcoholic liquor to the spouse or family member.
(4) The prohibitions of ORS 471.394 do not apply solely by
reason of the family relationship of a spouse or family member to
the retail licensee if the manufacturer or wholesaler is licensed
by the commission to sell alcoholic liquor at wholesale and does
not directly or indirectly sell alcoholic liquor to the spouse or
family member.
(5) Notwithstanding ORS 471.394, a manufacturer or wholesaler,
and any officer, director or substantial stockholder of any
corporate manufacturer or wholesaler, may hold, directly or
indirectly, an interest in a full or limited on-premises sales
licensee, provided that the interest does not result in exercise
of control over, or participation in the management of, the
licensee's business or business decisions, and does not result in
exclusion of any competitor's brand of alcoholic liquor.
(6) Notwithstanding ORS 471.394, a full or limited on-premises
sales licensee, and any officer, director or substantial
stockholder of any corporate full or limited on-premises sales
licensee, may hold, directly or indirectly, an interest in a
manufacturer or wholesaler, provided that the interest does not
result in exercise of control over, or participation in the
management of, the manufacturer's or wholesaler's business or
business decisions, and does not result in exclusion of any
competitor's brand of alcoholic liquor.
(7) Notwithstanding ORS 471.394, an institutional investor with
a financial interest in a wholesaler or manufacturer may hold,
directly or indirectly, an interest in a retail licensee unless
the institutional investor controls, is controlled by, or is
under common control with, a wholesaler or manufacturer.
Notwithstanding ORS 471.394, an institutional investor with a
financial interest in a retail licensee may hold, directly or
indirectly, an interest in a wholesaler or manufacturer unless
the institutional investor controls, is controlled by, or is
under common control with, a retail licensee. The provisions of
this subsection apply only to an institutional investor that is a
state or federally chartered bank, a state or federally chartered
mutual savings bank, a mutual fund or pension fund, or a private
investment firm. The principal business activity of the
institutional investor must be the investment of capital provided
by depositors, participants or investors. The institutional
investor must maintain a diversified portfolio of investments.
The majority of the institutional investor's investments may not
be in businesses that manufacture, distribute or otherwise sell
alcoholic beverages. The institutional investor, and the
officers, directors, substantial shareholders, partners,
employees and agents of the institutional investor, may not
participate in management decisions relating to the sale or
purchase of alcoholic beverages made by a licensee in which the
institutional investor holds an interest.
(8) Notwithstanding ORS 471.394, a member of the board of
directors of a parent company of a corporation that is a
manufacturer may serve on the board of directors of a parent
company of a corporation that is a retail licensee if:
(a) The manufacturer or parent company of a manufacturer is
listed on a national security exchange;
(b) All purchases of alcoholic beverages by the retail licensee
are made from holders of wholesale malt beverage and wine
licenses, brewery licenses or winery licenses in this state;
(c) The interest of the member of the board of directors does
not result in the exclusion of any competitor's brand of
alcoholic beverages on the licensed premises of the retail
licensee; and
(d) The sale of goods and services other than alcoholic
beverages by the retail licensee exceeds 50 percent of the gross
receipts of the business conducted by the retail licensee on the
licensed premises.
SECTION 5. ORS 473.150 is amended to read:
473.150. (1) The Oregon Liquor Control Commission may, at any
time, examine the books and records of { + a holder of a wine
direct shipper permit or of + } any manufacturer of wine, cider
or malt beverages, and may appoint { - such - } auditors,
investigators and other employees { - as it deems - } { +
that the commission considers + } necessary to enforce its powers
and perform its duties under this section.
(2) Every { + holder of a wine direct shipper permit and
every + } manufacturer shall maintain and keep, within this state
for two years, all records, books and accounts required by this
chapter.
SECTION 6. ORS 471.810 is amended to read:
471.810. (1) At the end of each month, the Oregon Liquor
Control Commission shall certify the amount of moneys available
for distribution in the Oregon Liquor Control Commission Account,
and after withholding such moneys as it may deem necessary to pay
its outstanding obligations shall within 35 days of the month for
which a distribution is made direct the State Treasurer to pay
the amounts due, upon warrants drawn by the Oregon Department of
Administrative Services, as follows:
(a) Fifty-six percent, or the amount remaining after the
distribution under subsection (4) of this section, credited to
the General Fund available for general governmental purposes
wherein it shall be considered as revenue during the quarter
immediately preceding receipt;
(b) Twenty percent to the cities of the state in such shares as
the population of each city bears to the population of the cities
of the state, as determined by the State Board of Higher
Education last preceding such apportionment, under ORS 190.510 to
190.610;
(c) Ten percent to counties in such shares as their respective
populations bear to the total population of the state, as
estimated from time to time by the State Board of Higher
Education; and
(d) Fourteen percent to the cities of the state to be
distributed as provided in ORS 221.770 and this section.
(2) The commission shall direct the Oregon Department of
Administrative Services to transfer 50 percent of the revenues
from the taxes imposed by ORS 473.030 { - , - } { + and + }
473.035 { - and 473.040 - } to the Mental Health Alcoholism and
Drug Services Account in the General Fund to be paid monthly as
provided in ORS 430.380.
(3) If the amount of revenues received from the taxes imposed
by ORS 473.030 for the preceding month were reduced as a result
of credits claimed under ORS 473.047, the commission shall
compute the difference between the amounts paid or transferred as
described in subsections (1)(b), (c) and (d) and (2) of this
section and the amounts that would have been paid or transferred
under subsections (1)(b), (c) and (d) and (2) of this section if
no credits had been claimed. The commission shall direct the
Oregon Department of Administrative Services to pay or transfer
amounts equal to the differences computed for subsections (1)(b),
(c) and (d) and (2) of this section from the General Fund to the
recipients or accounts described in subsections (1)(b), (c) and
(d) and (2) of this section.
(4) Notwithstanding subsection (1) of this section, no city or
county shall receive for any fiscal year an amount less than the
amount distributed to the city or county in accordance with ORS
471.350 (1965 Replacement Part), 471.810, 473.190 and 473.210
(1965 Replacement Part) during the 1966-1967 fiscal year unless
the city or county had a decline in population as shown by its
census. If the population declined, the per capita distribution
to the city or county shall be not less than the total per capita
distribution during the 1966-1967 fiscal year. Any additional
funds required to maintain the level of distribution under this
subsection shall be paid from funds credited under subsection
(1)(a) of this section.
SECTION 7. ORS 473.050 is amended to read:
473.050. In computing any privilege tax imposed by ORS 473.030
{ - , - } { + or + } 473.035 { - or 473.040 - } :
(1) No malt beverage, cider or wine is subject to tax more than
once.
(2) No tax shall be levied, collected or imposed upon any malt
beverage, cider or wine sold to the Oregon Liquor Control
Commission or exported from the state.
(3) No tax shall be levied, collected or imposed upon any malt
beverage given away and consumed on the licensed premises of a
brewery licensee, or sold to or by a voluntary nonincorporated
organization of army, air corps or navy personnel operating a
place for the sale of goods pursuant to regulations promulgated
by the proper authority of each such service.
(4) No tax shall be levied, collected or imposed upon any malt
beverage, cider or wine determined by the commission to be unfit
for human consumption or unsalable.
(5) No tax shall be levied, collected or imposed upon the first
40,000 gallons, or 151,000 liters, of wine sold annually in
Oregon from a United States manufacturer of wines producing less
than 100,000 gallons, or 379,000 liters, annually.
SECTION 8. ORS 473.060 is amended to read:
473.060. (1) The privilege taxes imposed by ORS 473.030
{ - , - } { + and + } 473.035 { - and 473.040 - } shall be
paid to the Oregon Liquor Control Commission. The taxes covering
the periods for which statements are required to be rendered by
ORS 473.070 shall be paid before the time for filing such
statements expires or, as concerns wines, on or before the 20th
day of the month after such wines have been withdrawn from
federal bond. If not so paid, a penalty of 10 percent and
interest at the rate of one percent a month or fraction of a
month shall be added and collected. The commission may refund any
tax payment imposed upon or paid in error by any licensee, and
may waive the collection or refund the payment of any tax imposed
and collected on wine, cider or malt beverages subsequently
exported from this state, sold to a federal instrumentality or to
the commission, or determined by the commission to be unfit for
human consumption or unsalable.
(2) The commission may waive any interest or penalty assessed
to a manufacturer subject to the tax imposed under ORS 473.030,
473.035 or 473.040 if the commission, in its discretion,
determines that the manufacturer has made a good faith attempt to
comply with the requirements of this chapter.
(3) Except in the case of fraud, the commission may not assess
any interest or penalty on any tax due under ORS 473.030
{ - , - } { + or + } 473.035 { - or 473.040 - } following
the expiration of 36 months from the date on which was filed the
statement required under ORS 473.070 reporting the quantity of
wine, cider or malt beverages upon which the tax is due.
(4) A manufacturer may appeal a tax imposed under ORS 473.030,
473.035 or 473.040 in the manner of a contested case under ORS
chapter 183.
SECTION 9. ORS 473.090 is amended to read:
473.090. The privilege tax required to be paid by ORS 473.030
{ - , - } { + and + } 473.035 { - and 473.040 - }
constitutes a lien upon, and has the effect of an execution duly
levied against, any and all property of the manufacturer,
attaching at the time the beverages subject to the tax were
produced, purchased or received, as the case may be, and
remaining until the tax is paid or the property sold in payment
thereof. The lien created by this section is paramount to all
private liens or encumbrances.
SECTION 10. ORS 473.100 is amended to read:
473.100. (1) Whenever any manufacturer is delinquent in the
payment of the privilege tax provided for in ORS 473.030
{ - , - } { + and + } 473.035 { - and 473.040 - } , the
Oregon Liquor Control Commission or its duly authorized
representative shall seize any property subject to the tax and
sell, at public auction, property so seized, or a sufficient
portion thereof to pay the privilege tax due, together with any
penalties imposed under ORS 473.060 for such delinquency and all
costs incurred on account of the seizure and sale.
(2) Written notice of the intended sale and the time and place
thereof, shall be given to such delinquent manufacturer and to
all persons appearing of record to have an interest in the
property, at least 10 days before the date set for the sale. The
notice shall be enclosed in an envelope addressed to the
manufacturer at the last-known residence or place of business of
the manufacturer in this state, if any; and in the case of any
person appearing of record to have an interest in such property,
addressed to such person at the last-known place of residence of
the person, if any. The envelope shall be deposited in the United
States mail, postage prepaid. In addition, notice shall be
published for at least 10 days before the date set for such sale,
in a newspaper of general circulation published in the county in
which the property seized is to be sold. If there is no newspaper
of general circulation in such county, the notice shall be posted
in three public places in such county for the 10-day period. The
notice shall contain a description of the property to be sold, a
statement of the amount of the privilege taxes, penalties and
costs, the name of the manufacturer and the further statement
that, unless the privilege taxes, penalties and costs are paid on
or before the time fixed in the notice for the sale, the
property, or so much thereof as may be necessary, will be sold in
accordance with law and the notice.
SECTION 11. ORS 473.170 is amended to read:
473.170. (1) No manufacturer shall:
(a) Fail to pay the privilege tax prescribed in ORS 473.030
{ - , - } { + and + } 473.035 { - and 473.040 - } when it
is due; or
(b) Falsify the statement required by ORS 473.070.
(2) No person shall:
(a) Refuse to permit the Oregon Liquor Control Commission or
any of its representatives to make an inspection of the books and
records authorized by ORS 473.140 to 473.160;
(b) Fail to keep books of account prescribed by the commission
or required by this chapter;
(c) Fail to preserve the books for two years for inspection of
the commission; or
(d) Alter, cancel or obliterate entries in the books of account
for the purpose of falsifying any record required by this chapter
to be made, maintained or preserved.
SECTION 12. { + ORS 471.229, 473.040 and 473.057 are
repealed. + }
----------